'Til Voters Do Us Part: What Happens to Gay Marrieds if Ban Passes?

By Ambreen Ali, Newser User

Posted Oct 30, 2008 11:14 AM CDT

(Newser) – If California’s gay marriage ban passes, “legal chaos” will ensue for those who tied the knot since it became legal to do so in June, lawyers warn. With no court precedents, experts are left guessing whether those marriages would remain valid, the Los Angeles Times reports. Ultimately, the decision would lie with the state’s Supreme Court, which voted 4 to 3 for gay marriage.

The proposition reads that same-sex marriage is invalid “regardless of when and where performed,” but isn’t explicitly retroactive. The state's AG, Jerry Brown, has said Proposition 8 wouldn't affect existing marriages, but that position will surely be challenged. "There is no clear answer," says the dean of a California law school. "This is ultimately going to have to be litigated by the courts." It could be raised in the context of an inheritance or property dispute, the Times notes.

Richie Beanan from Los Angeles, puts a sign on a bus that will tour California in support of Proposition 8. (AP Photo/Steve Yeater)

Michael Allen and Billy Iwing are among many Californians who married since it became legal in June. If the marriage ban passes, their marriage may face legal limbo. (AP Photo/Tony Avelar)

Demonstrators rally against Proposition 8, a ballot initiative that would outlaw same-sex marriage in California, outside the world premiere of Milk on Tuesday in San Francisco. (AP Photo/Noah Berger)

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OTHER STORIES ON OUR RADAR

California • gay marriage • law • court • marriage rights • California Supreme Court • Proposition 8

MOST POPULAR STORIES

[ By Views ]

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More Newser Stories

'Poster Couple' for Gay Marriage Divorcing

Robin Tyler and Diane Olson married in California in 2008

Supreme Court's Move on Gay Marriage? Maybe Not

Prop 8 ruling is limited to California, providing a potential reason to skip

Court Blocks California's Ban on Gay Marriage

Declares Prop 8 unconstitutional, paving way for Supreme Court decision

Court to Rule on Prop 8 Today

Decision can still be appealed to larger panel, Supreme Court

Gay Marriage Opponents Fail in California Court Bid

Gay judge didn't need to recuse himself on Prop 8, says ruling

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